Important Point: Even if a poster, hoarding, banner, arch, name board, direction board etc are not covered by definition of sky-signs under the enactments on the ground that no part of it is visible against sky, it will be covered by the definition of “advertisement” under the enactments and/or the Rules framed thereunder. Any representation in any manner such as announcement or direction by the words, letters, models, signs, by means of any devices or posters, hoardings, boards, banners, temporary arches, illuminated signs, name boards, direction boards, small advertisement boards on lands, structures, walls, existing poles, balloons, parachute etc. will be covered by the term “advertisement” and, therefore, no such thing can be displayed without permission of the Municipal Commissioner.

A.S. OKA, J.

OVERVIEW

1. This group of Public Interest Litigations/Writ Petitions raises important issues which concern practically every town and city in the State of Maharashtra. The issue is of display of illegal hoardings, banners, arches, posters, advertisements on roads, foot ways/footpaths, road dividers and poles as well as on public and private properties which are visible from the roads/streets. There are large number of affidavits/reports filed on record which will show that it is the political class which is mainly responsible for the said illegalities. Large number of illegal hoardings, banners, posters, arches, advertisements are being illegally displayed by the leaders and workers of various political parties. The members of the political parties or political leaders are displaying such hoardings, banners, arches etc for welcoming their political bosses or leaders to a particular city or town, for wishing the political leaders on their birthdays or birth anniversaries, for offering good wishes to the members of the public on account of various religious festivals such as Ganpati Festival, Navratri Festival, Christmas, Eid, New Year, etc. They also indulge in displaying such illegal hoardings for congratulating political leaders on their so called achievements. Even the social/religious organizations are not far behind. Some such organizations also indulge in such illegalities while celebrating festivals like Ganapati, Navratri, Dahihandi. Hoardings, banners, arches, posters, especially the advertisements are displayed on or nearby pandals, stages or places where festivals or functions are held. Such hoardings are displayed even on traffic islands thereby distracting the drivers of motor vehicles. Notwithstanding the large number of orders passed by this Court from time to time in this group of Public Interest Litigations/Writ Petitions as well as by the Benches at Aurangabad and Nagpur, the illegality still continues in the State. There were contempt notices issued to the political leaders/political workers. An apology was tendered and assurances were given by the political leaders/political workers. However, situation has not improved. This may be mainly because the top political leaders have not intervened and have failed to prevent party workers and party followers from indulging in such illegalities. Had they issued strict a warning and taken drastic action against the party workers/leaders who indulge in such illegalities, the party workers would not have dared to continue with there illegal activities. There is a competition amongst the political parties when it comes to size of the sky-signs displaying photographs of their prominent leaders. Sometimes the competition is also in terms of number of sky-signs. Notwithstanding the assurances given to this Court, none of the political parties have taken any serious action against its workers who indulged in the illegalities. The involvement of political class makes the job of the Municipal Officers and Police very difficult when it comes to taking an action against the illegal sky-signs and setting the criminal law in motion against wrongdoers.

2. It appears from the various affidavits on record that the organizations which celebrate Ganpati Festival, Navratri Festival, Dahihandi and other religious festivals are under an impression that they have a license to display such illegal hoardings and banners provided by their sponsors and advertisers without obtaining requisite permissions.

3. To sum up, notwithstanding several orders passed by this Court and notwithstanding the actions initiated for committing Contempt, rampant display of illegal hoardings, banners, arches, etc continues unabated in the State. All this results into a defacement of the properties in our cities and towns. The declaration of making our cities “smart cities” has remained on paper. In fact there are photographs placed on record to show that for congratulating or welcoming our lead